FCC Announces Tentative Agenda for May 15
Meeting |
4/24. The Federal Communications Commission (FCC) released a
tentative
agenda for its event titled "open meeting" scheduled for May 15, 2014.
This agenda includes an NPRM regarding open internet rules, two orders related to the
upcoming incentive auction, and an order regarding wireless microphones. See, FCC
release.
Incentive Auction.
The FCC is scheduled to adopt one Report and Order (R&O)
that adopts rules and policies for the upcoming broadcast television spectrum incentive
auction, and a second R&O that adopts rules and policies regarding the aggregation
of spectrum for mobile wireless services through initial licensing and secondary market
transactions. The proceedings are WT Docket Nos. 12-268 and 12-269, respectively.
The FCC adopted a
Notice of Proposed Rulemaking (NPRM) regarding incentive auctions on September 28,
2012. It released it on October 2, 2012. It is FCC 12-118 in WT Docket Nos. 12-268. See
also, story titled "FCC Adopts NPRM on Incentive Auctions" in
TLJ Daily E-Mail Alert No.
2,455, October 1, 2012
The FCC released a
statement by Chairman Tom Wheeler regarding the contents of this NPRM on April 24.
The FCC also adopted and released a
Notice of
Proposed Rulemaking (NPRM) [50 pages in PDF] on September 28, 2012 regarding spectrum
aggregation. It is FCC 12-119 in WT Docket No. 12-269. See,
story titled
"FCC Adopts Spectrum Aggregation NPRM" in
TLJ Daily E-Mail Alert No.
2,455, October 1, 2012.
FCC released a statement
by Chairman Tom Wheeler, and a
release, regarding the contents of this NPRM on April 25.
See also, related story in this issue titled "FCC Commissioner Pai Addressess
Upcoming Incentive Auction".
Wireless Microphones. The FCC is scheduled to adopt a R&O that
provides a limited expansion to the class of wireless microphone users eligible
for a license.
Open Internet NPRM. The FCC is scheduled to adopt a Notice of Proposed
Rulemaking (NRM) that proposes rules that regulate the business practices of
broadband internet access service (BIAS) providers.
See also, story titled "FCC to Consider Open Internet NPRM" in TLJ Daily
E-Mail Alert No. 2,645, April 23, 2014.
This event is scheduled for Thursday, May 15, 2014 at 10:30 AM at the FCC
headquarters, Room TW-C305, 445 12th Street, SW. It is open to the public. It
will be webcast.
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FCC Commissioner Pai Addresses
Upcoming Incentive Auction |
4/24. Federal Communications Commission (FCC) Commissioner
Ajit Pai gave a
speech in Washington DC in which he discussed the upcoming incentive auction,
and how forthcoming FCC rules may impede the success of that auction by limiting
participation.
Pai (at right) said that "In order for the incentive
auctions to succeed, we must have robust competition among wireless carriers for licenses
in the forward auction."
"But unfortunately, the plan reportedly on the table appears to go in the opposite
direction. It restricts competition. Certain companies selected by the government will be
shielded from competing against other companies. Instead of good, old-fashioned competition,
the chosen few would have spectrum set aside especially for them."
He continued that "My position on the forward auction is simple: The FCC
should not limit carriers’ ability to participate. We should not pick winners
and losers. The inevitable effect of a policy that limits participation will be
less spectrum for mobile broadband, less funding for national priorities, a
higher budget deficit, and an increased chance of a failed auction."
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US and Japan Reach No Agreement
on TPP |
4/25. President Obama is currently traveling to Japan, Korea, Malaysia and the
Philipines. He concluded his visit to Japan on Friday, April 25.
While President Obama and Japan President Abe reached agreement on some matters, they
reached no agreement regarding ongoing Trans Pacific Partnership Agreement (TPPA)
negotiations.
The obstacles included issues such as agriculture and cars. But, successful conclusion
of a TPPA would benefit producers and consumers of information and communications technology
(ICT) goods and services.
The Office of the U.S. Trade Representative
(OUSTR) maintains a web section on the TPPA.
Background on TPP and FTAs. The US, Japan, Australia, Brunei Darussalam, Canada,
Chile, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam are negotiating a
multilateral free trade agreement (FTA) to reduce tariff and non-tariff barriers that would
likely have significant overall benefits for the economies and consumers in the participating
nations.
Although, some businesses and sectors would be adversely impacted. There is organized
opposition to the TPPA in the US and elsewhere. Moreover, US based opponents of the TPPA,
and free trade generally, are key members of President Obama's electoral coalition.
There are also other ongoing regional multilateral free trade agreement negotiations,
such as the Regional Comprehensive Economic Partnership (RCEP). The People's Republic of
China (PRC), Japan, Korea, Australia and New Zealand, but not the US, are a parties to
RCEP. The PRC is not a party to TPPA.
Economic analysis suggests that successful conclusion of any Asian Pacific FTA
would likely benefit the economies of participating nations (measured by national income
gains). But, due to trade diversion effects, an FTA could harm the economy of a
non-participating nation. Thus, successful conclusion of RCEP but not TPPA could
harm the US economy. See, for example, January 2014
paper [37 pages in
PDF] titled "The Relative Significance of EPAs in Asia-Pacific" by Kenichi
Kawasaki, of the Research Institute of Economy, Trade
and Industry (RIETI).
US Japan TPP Negotiations. The US and Japan released a
joint statement at the conclusion of President Obama's visit. It announces no agreement
regarding TPPA. Rather, it states, in diplomatic terms, that the two nations are
committed to reaching agreement in the future.
It states that "The United States and Japan also coordinate closely in
multilateral financial and economic fora to advance trade liberalization and
promote economic growth. Our joint efforts are grounded in support for an
international economic system that is free, open, and transparent, and embraces
innovation. In order to further enhance economic growth, expand regional trade
and investment, and strengthen the rules-based trading system, the United States
and Japan are committed to taking the bold steps necessary to complete a
high-standard, ambitious, comprehensive Trans-Pacific Partnership (TPP)
agreement. Today, we have identified a path forward on important bilateral TPP
issues. This marks a key milestone in the TPP negotiations and will inject fresh
momentum into the broader talks. We now call upon all TPP partners to move as
soon as possible to take the necessary steps to conclude the agreement. Even
with this step forward, there is still much work to be done to conclude TPP."
President Obama and President Abe also made statements at a joint public
appearance when President Obama arrived in Japan in which they did not mention the TPPA.
President Abe (at right) said that "My administration
intends to contribute to regional peace and prosperity more practically than ever, in line
with the policy of what I call practical contribution to peace based on the principle on
international cooperation. And together with the United States, Japan would like to realize
our leading role of the alliance in ensuring a peaceful and prosperous Asia Pacific." See,
transcript.
President Obama said that "We represent two of the three largest economies in the
world, and we have the opportunity by working together to help shape an open and innovative
and dynamic economy throughout the Asia Pacific region." The third member of this trio
is the PRC.
He added that "a strong U.S.-Japan relationship is not only good for our
countries but good for the world."
Prior to the meeting of Presidents Obama and Abe, the OUSTR released a
statement regarding talks between USTR
Michael
Froman and Japanese Minister of Economic and Fiscal Policy Akira Amari.
It states that "We have spent the past several weeks working to narrow gaps with Japan.
The round we just completed was focused but difficult. After more than 20 hours of negotiations,
we continue to make progress, and we are now faced with a reasonable number of outstanding
issues. These issues are important to both sides and considerable differences remain."
"We have worked to be as creative as possible to address Japan's political
sensitivities, while pursuing the overall objective of achieving meaningful access to its
market – a goal that all TPP partners share. We look to Japan to make similar efforts."
The OUSTR statement adds that "The economic and strategic importance of TPP is
greater now than it has ever been. We stand stronger when we stand together -- on global
issues, regional issues, and economic issues."
See also,
- stories titled "Japan May Join TPPA Negotiations" and "Abe Advocates
Rules for Trade, Investment and IP" in
TLJ Daily E-Mail Alert
No. 2,527, February 25, 2013.
- stories titled "Congressional Democrats Express Concern About Japanese
Participation In TPP Negotiations", "Acting USTR Marantis Welcomes Japan's
Interest in TPP Negotiations", "Donilon Addresses TPP" and "More
TPP News" in TLJ
Daily E-Mail Alert No. 2,535, March 18, 2013.
- stories titled "Japan Joins TPP Negotiations" and "David Dreier
Recommends that PRC Join TPP Negotiations" in
TLJ Daily E-Mail Alert No.
2,551, April 17, 2013.
- story titled "OUSTR Seeks Comments on Japan's TPP Participation" in
TLJ Daily E-Mail Alert
No. 2,560, May 13, 2013.
Supporters of TPP. The U.S. Chamber of
Commerce, U.S-Japan Business Council,
Keidanren, and
Japan-U.S. Business Council released a
joint statement on April 21 in which they urged the US and Japan to pursue to conclusion
the TPPA "with renewed focus, vigor and purpose".
The BSA Software Association urged President Obama
to negotiate "a forward-looking" TPPA "to expand trade in data and
information services".
Victoria Espinel (at left), the new head of the
BSA, stated in a
release that "Software-enabled innovations like cloud computing and data
analytics are the new drivers of growth and competitiveness. This trip gives the
President an opportunity to modernize trade rules accordingly".
"We need information to flow freely across borders and we can’t have
arbitrary requirements on things like where servers must be located", said
Espinel. "The TPP brings together countries that account for more than 40
percent of global trade. If they craft a forward-looking agreement that prevents
new forms of digital protectionism, they will send a strong signal for the rest
of the world to follow."
The National Association of Manufacturers
(NAM) stated in an April 23 release that "manufacturers are hopeful that the
President and Japanese Prime Minister Shinzo Abe will make meaningful progress
towards achieving ambitious and market-opening outcomes in the Trans-Pacific
Partnership (TPP) negotiations, and that work will continue during the
President’s visit to Malaysia to meet Prime Minister Najib Razak later this
week."
The NAM urged "immediate and comprehensive elimination of tariffs and
non-tariff barriers, strong protections consistent with U.S. practice on
intellectual property and investment for all products, new provisions to permit
the movement of data cross border and new disciplines to ensure fair commercial
competition with state-owned enterprises. These provisions all must be backed up
by state-of-the-art enforcement provisions from state-to-state to investor-state
mechanisms. Ultimately a successful, growth-producing TPP agreement will be one
that ensure that manufacturers in the United States will be put on a fair and
competitive footing in each of the TPP markets."
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TLJ Commentary: TPP and Obama Administration
Trade Policy |
4/24. The Obama administration's
commitment to free trade is limited, and this diminishes the likelihood of its successful
negotiation of free trade agreements (FTAs) such as the Trans Pacific Partnership
Agreement (TPPA).
First, it should not go unnoticed that the Obama administration has not
concluded a single bilateral FTA.
Second, trade agreements require Congressional approval. A Congressional grant of trade
promotion authority (TPA) would enhance the President's ability to obtain Congressional
approval, and hence, to negotiate FTAs. Under TPA, Congress can approve or reject, but not
amend, FTAs. The Congress gave former President Bush TPA.
Yet, the Congress has not given President Obama this authority, and
President Obama has not made a serious effort to obtain it. (He did say in his
speech to the Congress on January 28, 2014, "We need to work together on tools
like bipartisan trade promotion authority ...")
Third, support for free trade is far stronger among Congressional Republicans
than Democrats. President Obama would be heavily dependent upon Republicans in
winning approval of any FTA, or TPA. Yet, President Obama has been governing as
if there were no Republican majority in the House, and no Republicans in the Senate.
This undermines his ability to pursue free trade policy.
Agriculture state members of Congress would be reluctant to back any FTA that
includes Japan that does not include significant concessions by Japan on agriculture
issues. This is a big block in the Senate. Moreover, agriculture state Democrats
are among the few free trade Democrats in the Congress.
Fourth, the Obama administration's analysis of trade is basically that US
exports are good, but imports are often bad. Under this analysis, US companies stand to
loose sales, US unions stand to loose members and dues, and US workers stand to
loose jobs, when things are imported.
The Obama administration's analysis does not consider the considerable
benefits of imports on consumption. That is, US consumers buy imported things
because they are better and/or cost less. Consumers benefit from this. They also
have more disposable income left to spend on other things, which in turn
benefits those who make those other things.
But then, industry sectors and labor unions are better organized than
consumers. Moreover, consumer groups fail to represent the interests of
consumers in trade matters. The Obama administration, like many politicians
everywhere, is more responsive to organized interests than consumer welfare.
So, the US protects certain interests that are well organized politically.
And, these interests oppose FTAs that threaten to end their protection. For
example, US sugar producing, clothing making, car making, and ship building
interests do not want to face increased import competition.
President Obama has twice been elected with the support of groups that are
fundamentally opposed to free trade. He is responsive to these groups.
The Cato Institute, a group that advocates
free trade, has released papers recently that suggest that the Obama
administration is failing, and will continue to fail, to promote free trade, in
part because of his base of support.
The Cato Institute released a
paper by Daniel Pearson on March 17 titled "The Obama Administration's Trade
Agenda Is Crumbling".
It states that "The nation has been living with the Obama administration's trade
policy for five years, with relatively little to show for it. In the remaining three
years, is the executive branch likely to obtain Trade Promotion Authority (TPA)
and successfully conclude the Trans-Pacific Partnership (TPP) and the
Transatlantic Trade and Investment Partnership (TTIP)? Although free traders
very much want all of this to happen, hard-headed experience indicates it's most
likely that the administration will accomplish none of this."
This paper also notes that "groups that normally support the Obama presidency
-- labor, environment, and various other NGOs -- have been doing a great deal of
``community organizing´´ in opposition to the trade agenda".
Another Cato Institute paper by Daniel Ikenson elaborated that the TPP, TTIP and
"obtaining fast-track trade negotiating authority from Congress, have run into a
buzz saw of opposition, which has derailed prospects for U.S. trade liberalization for
the time being."
That paper states that "What began as the usual objections from the usual suspects --
labor unions blaming trade for manufacturing decline and job loss; environmental groups
blaming trade for climate change; anti-globalization activists sparing the developing
world from development -- has grown into a populist backlash against the TPP, which is
portrayed as a secretive, corporatist plot to circumvent democratic processes and usurp
national sovereignty. The nascent TTIP negotiations have been smeared with a similar
taint."
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People and
Appointments |
4/24. The Department of Justice (DOJ)
named Joseph Klimavicz its new Chief Information Officer (CIO), effective
in late May. He will replace Luke McCormack, who left in November of
2013. Kevin Deeley, the DOJ's Deputy CIO, is the acting CIO. He will
remain as Deputy CIO. Klimavicz was previously CIO of the National Oceanic and
Atmospheric Administration (NOAA)
4/5. Michael Spierto joined the Tech
America as the Director of Cybersecurity Policy. He previously worked on the staff of
the House Homeland Security Committee's (HHSC)
Subcommittee on Cybersecurity, Infrastructure Protection and Security Technologies. See,
release.
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About Tech Law
Journal |
Tech Law Journal publishes a free access web site and a subscription e-mail alert.
The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year for
a single recipient. There are discounts for subscribers with multiple recipients.
Free one month trial subscriptions are available. Also, free subscriptions are
available for federal elected officials, and employees of the Congress, courts, and
executive branch. The TLJ web site is free access. However, copies of the TLJ Daily
E-Mail Alert are not published in the web site until two months after writing.
For information about subscriptions, see
subscription information page.
Tech Law Journal now accepts credit card payments. See, TLJ
credit
card payments page.
TLJ is published by
David
Carney
Contact: 202-364-8882.
carney at techlawjournal dot com
3034 Newark St. NW, Washington DC, 20008.
Privacy
Policy
Notices
& Disclaimers
Copyright 1998-2014 David Carney. All rights reserved.
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In This
Issue |
This issue contains the following items:
• FCC Announces Tentative Agenda for May 15 Meeting
• FCC Commissioner Pai Addresses Upcoming Incentive Auction
• US and Japan Reach No Agreement on TPP
• TLJ Commentary: TPP and Obama Administration Trade Policy
• People and Appointments
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Washington Tech
Calendar
New items are highlighted in
red. |
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Thursday, April 24 |
The House will not meet the week of April 21-25. It will next meet at
2:00 PM on Monday, April 28. See, 2014 House
calendar, and
SConRes 35.
The Senate will not meet the week of April 21-25. It will next meet at
2:00 PM on Monday, April 28. See,
SConRes 35.
8:00 AM - 4:15 PM. Informatica Corporation will host an event titled
"2014 Informatica Government Summit". At 8:35 AM Mark Weatherford
(Chertoff Group) will give a speech titled "Competing Priorities? Cloud Computing,
Big Data, and Cyber Security. At 3:15 PM there will be a panel titled
"Government Panel Presentation: Data Management Best Practices". The speakers
will include Ann DiCamillo (DHS NPPD
Office of
Cybersecurity and Communications). See,
notice. Location:
Greater Washington Society of Association Executives Suite, Ronald Reagan Building, 1300
Pennsylvania Ave., NW.
8:15 AM - 1:00 PM. The Federal
Communications Bar Association (FCBA) and the
American Bankruptcy Institute (ABI) will host an event titled "FCC
Bankruptcy Mini Conference: The Intersection of the FCC and Bankruptcy Law".
The price to attend is $125. CLE credits. See,
notice.
(The ABI is holding its annual meeting on April 24-27.) Location: JW Marriot, 1331
Pennsylvania Ave., NW.
9:00 AM. Day two of a two day meeting of the Department of Commerce's
(DOC) Bureau of Industry and Security's (BIS)
Information Systems Technical Advisory Committee (ISTAC). The April 24 session
is closed the public, and its agenda is secret. No webcast. See,
notice in
the Federal Register, Vol. 79, No. 66, April 7, 2014, at Pages 19051-19052. Location:
Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania
Avenues, NW.
9:00 AM - 1:00 PM. The Institute for Policy
Innovation (IPI) will host an event titled "9th Annual World Intellectual
Property Day Forum". The speakers will include
Geoffrey Manne (International
Center for Law and Economics), Sandra Aistars (Copyright Alliance), Grant Aldonas
(Center for Strategic & International Studies), Joe Damond (Biotech Industry Organization),
Dana Colarulli (USPTO), and Stevan Mitchell (Globalview Strategies). Free. Open to the
public. Lunch wil be served. See,
notice. Location: Reserve Officers Association, One Constitution Ave., NE.
9:00 AM - 12:30 PM. The Brookings
Institution (BI) will host an event titled "How China's Youth are
Transforming Chinese Society: New Research Findings from the PRC". See,
notice. Location: BI, 1775 Massachusetts Ave., NW.
9:30 AM - 3:00 PM. The Department of Health and Human Services' (DHHS)
Office of the National Coordinator for Health
Information Technology's (ONC/HIT) HIT Standards Committee will meet. See,
notice in
the Federal Register, Vol. 78, No. 243, December 18, 2013, at Page 76627-76628.
11:00 AM. Federal Communications Commission (FCC)
officials will host a teleconferenced event titled "Background media
briefing on draft Open Internet NPRM". See, story titled "FCC to Consider
Open Internet NPRM" in TLJ Daily E-Mail Alert No. 2,645, April 23, 2014.
2:00 - 3:30 PM. The Heritage
Foundation (HF) will host a panel discussion titled "Protecting American
Interests in the South China Sea". The speakers will be Ely Ratner (Center for
a New American Security), Steven Groves (HF), Dean Cheng (HF), Jonathan Odom (U.S. Navy),
and Walter Lohman (HF). Free. Open to the public. Webcast. See,
notice. Location:
HF, 214 Massachusetts Ave., NE.
2:30 PM. The American
Enterprise Institute (AEI) will host a teleconferenced event to discuss
the FCC's forthcoming open internet NPRM. The speakers will be James
Glassman (AEI), Richard Bennett (AEI), Roslyn Layton (AEI), and Bret Swanson AEI).
The call in number is 1-877-511-0169; the conference code is 202-862-5823.
6:00 - 8:00 PM. The Federal
Communications Bar Association's (FCBA) Young Lawyers Committee will host an event
titled "Happy Hour". For more information, contact Lindsey Tonsager at
ltonsager at cov dot com or Justin Faulb at jfaulb at nab dot org. Location: Co Co Sala,
929 F St., NW.
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Friday, April 25 |
Supreme Court conference day.
See, October Term 2013
calendar.
9:00 AM - 1:15 PM. The U.S.
China Economic Security and Review Commission (USCESRC) will hold a hearing. This
is one of a series of hearings to assist the USCESRC in preparing its 2014 report to
the Congress. This hearing is titled "U.S.-China Clean Energy Cooperation: Status,
Challenges, and Opportunities". See,
notice
in the Federal Register, Vol. 79, No. 73, April 16, 2014, at Pages 21516-21517.
Location: Room 608, Dirksen Building.
9:00 AM - 5:00 PM. The Federal
Aviation Administration's (FAA) Radio Technical Commission for Aeronautics' (RTCA)
Special Committee 222, Inmarsat AMS(R)S, will meet. See,
notice in
the Federal Register, Vol. 79, No. 68, April 9, 2014, at Page 19706. Location: RTCA,
Suite 910, 1150 18th St., NW.
10:00 AM - 3:00 PM. The Department of
Health and Human Services (DHHS) will host an event titled "Meeting for
Software Developers on the Common Formats for Patient Safety Data Collection and Event
Reporting". See, original
notice in the
Federal Register (FR), Vol. 79, No. 15, January 23, 2014, at Pages 3815-3816, and update
notice in the
FR, Vol. 79, No. 67, April 8, 2014, at Pages 19335-19336. Location: Eisenberg Conference
Center, DHHS Agency for Healthcare Research and Quality, 540 Gaither Road,
Rockville, MD.
10:30 AM - 12:00 NOON. The Heritage
Foundation (HF) will host a panel discussion titled "U.S.-Japan
Cooperation in Southeast Asia". The speakers will be Shigeo Yamada (Embassy
of Japan), Satu Limaye (East-West Center in Washington), Yuki Tatsumi (Stimson Center),
and Walter Lohman (HF). Free. Open to the public. Webcast. See,
notice.
Location: HF, 214 Massachusetts Ave., NE.
12:00 NOON - 1:15 PM. The Internet Caucus will host a panel discussion
titled "Revising The Electronic Communications Privacy Act (ECPA): Should Congress
Require a Warrant?". The speakers will include
James Dempsey (
Privacy and Civil Liberties Oversight Board, and Center
for Democracy & Technology), Richard Downing (DOJ's
Computer Crime and Intellectual
Property Section), and Katie McAuliffe (Americans for Tax Reform). Box lunches will
be served. Location: Room 2226, Rayburn Building.
1:00 - 2:00 PM. The
National Telecommunications and Information Administration's (NTIA) First
Responder Network Authority Finance Committee will hold an event titled "Special
Meeting". The Committee will meet by teleconference. The call in number is
1-800-369-1868; the passcode is FirstNet. See,
notice in
the Federal Register, Vol. 79, No. 77, April 22, 2014, at Pages 22479-22480.
1:00 - 2:30 PM. The American
Bar Association's (ABA) Section of Intellectual Property Law will host a webcast
panel discussion titled "What's the Use? A Comparative View of Trademark Use
Requirements". The speakers will be Sharra Brockman, Matthew Hintz (Servilla
Whitney), Chrissie Scelsi (Scelsi Entertainment and New Media Law), David Postolski
(Day Pitney), and Krystle Brown (RKO Pictures). Prices vary. CLE credits. See,
notice.
Deadline to submit requests to speak at the
U.S. Patent and Trademark Office's (USPTO) May 9,
2014 hearing on its
memorandum titled "Guidance For Determining Subject Matter Eligibility of
Claims Reciting or Involving Laws of Nature, Natural Phenomena, and Natural Products
(Laws of Nature/Natural Products Guidance)'', released on March 4, 2014. See,
notice
in the Federal Register, Vol. 79, No. 74, April 17, 2014, at Pages 21736-21738. See
also, story titled "USPTO to Hold Hearing on Subject Matter Eligibility of Claims
Reciting Laws of Nature" in TLJ Daily E-Mail Alert No. 2,640, April 16, 2014.
Deadline to submit initial comments to the Federal
Communications Commission's (FCC) Wireless Telecommunications Bureau (WTB) in response
to its Public Notice
(PN) regarding the FCC's attributable material relationship rule. This PN is DA
14-414 in GN Docket Nos. 12-268 and 13-185 and WT Docket No. 05-211. The FCC released it
on March 27, 2014. See also,
notice in
the Federal Register, Vol. 79, No. 71, April 14, 2014, at Pages 20854-20855.
Deadline to register to attend the Federal
Communications Bar Association's (FCBA) event titled "Annual Seminar"
at the Homestead Resort in Hot Springs, Virginia. See,
registration form and
agenda.
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Saturday, April 26 |
World Intellectual Property Day. See, World Intellectual Property
Organization's (WIPO) notice.
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Monday, April 28 |
The House will meet the week of April 28-May 2. The House will meet
at 2:00 PM. See, 2014 House
calendar, and
SConRes 35.
10:00 AM. The Supreme
Court will hear oral argument in Nautilus v. Biosig Instruments,
Sup. Ct.
No. 13-369, an appeal from the
U.S. Court of Appeals (FedCir) . The questions presented are "Does the Federal
Circuit's acceptance of ambiguous patent claims with multiple reasonable interpretations
-- so long as the ambiguity is not ``insoluble´´ by a court -- defeat the statutory
requirement of particular and distinct patent claiming?" and "Does the
presumption of validity dilute the requirement of particular and distinct patent
claiming?". See also, April 26, 2013,
opinion of the Court of Appeals. Location: 1 First St., NW.
12:15 - 1:30 PM. The Federal
Communications Bar Association's (FCBA) Intellectual Property Committee will host a
panel discussion titled "Patent Reform Legislation". The speakers may
include Alexandra Givens (Senior Counsel, Senate
Judiciary Committee), Russ Merbeth (General Counsel,
Intellectual Ventures), and
Ken
Salomon (Thompson Coburn). Free. Bring your own lunch. Location:
Wilkinson Barker Knauer, Suite 700, 2300 N
St., NW.
Deadline to submit comments to the General
Services Administration (GSA) regarding "how to implement" the
"recommendations" contained in the GSA and Department of Defense (DOD)
document titled "Final Report of the Joint Working Group on Improving
Cybersecurity and Resilience Through Acquisition". This document pertains to both
cyber security in products and services procured by the federal government, and leverage
of the federal government procurement process to regulate private sector cyber security
practices. See,
notice in the Federal Register, Vol. 79, No. 48, March 12, 2014, Page 14042.
Deadline to submit initial comments to the Federal
Communications Commission (FCC) in response to Part VI(A) of its
Further Notice of
Proposed Rulemaking (FNPRM) regarding closed captioning of video programming.
Part VI(A) pertains to "Responsibilities for Meeting the Closed Captioning
Obligations". The FCC adopted this FNPRM on February 20, 2014, and released it
on February 24, 2014. It is FCC 14-12 in CG Docket No. 05-231. See,
notice
in the Federal Register, Vol. 79, No. 59, March 27, 2014, at Pages 17093-17106.
Deadline to submit written comments in advance of the
President's Council
of Advisors on Science and Technology's (PCAST) April 30 public conference call
on the PCAST's big data and privacy report. Although, other written comments
will be accepted through April 30. See,
notice
in the Federal Register, Vol. 79, No. 73, April 16, 2014, at Pages 21453-21454.
Deadline to submit initial comments to the Federal Communications
Commission (FCC) in response to its
Public Notice (PN)
that requests comments to refresh the record regarding the ability of non-English speakers
to access emergency information. This PN is DA 14-336 in EB Docket No. 04-296. The FCC
released it on March 11, 2014. See also,
notice
in the Federal Register, Vol. 79, No. 60, March 28, 2014, at Pages
17490-17493.
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Tuesday, April 29 |
10:00 AM. The
House Financial Services Committee
(HFSC) will hold a hearing titled "Oversight of the SEC's Agenda, Operations,
and FY 2015 Budget Request". The witnesses will be __. See,
notice. Location: Room 2128, Rayburn Building.
10:00 AM. The Supreme
Court will hear oral argument in Riley v. California,
Sup. Ct.
No. 13-132, an appeal from the Court
of Appeal of California in a case involving whether or under what circumstances the
Fourth Amendment permits police officers to conduct a warrantless search of the digital
contents of an individual's cell phone seized from the person at the time of arrest. See
also, February 8, 2013,
opinion of the lower court. Location: 1 First St., NW.
11:00 AM. The Supreme
Court will hear oral argument in U.S. v. Wurie,
Sup. Ct.
No. 13-212, an appeal from the U.S. Court of
Appeals (1stCir) in a case involving whether the Fourth Amendment permits the police,
without obtaining a warrant, to review the call log of a cell phone found on a person who
has been lawfully arrested. See also, May 17, 2013,
opinion of the
Court of Appeals. Location: 1 First St., NW.
12:00 NOON - 1:30 PM. The Federal Communications Commission (FCC) will
host a panel discussion regarding "what it means to be a legal advisor at the
FCC". The speakers will be Daniel Alvarez and Renee Gregory (Legal
Advisors to Chairman Tom Wheeler),
Amy Bender (Commissioner
Michael O'Rielly), David Goldman
(Commissioner Jessica
Rosenworcel), and Louis Peraertz (Commissioner
Mignon Clyburn). Justin Faulb
(National Association of Broadcasters) will moderate.
For more information, contact Lindsey Tonsager at ltonsager at cov dot com or Justin
Faulb at jfaulb at nab dot org. Bring your own lunch. Free. The
FCBA states that this is an event of its Young Lawyers
Committee. Location: FCC, 7 South, 445 12th St., SW.
12:15 - 2:00 PM. The DC Bar
Association will host a panel discussion titled "Protection of Pre-1972 Sound
Recordings: The Sirius/XM Lawsuits and Other Issues". The speakers will be
Gary
Greenstein (WSGR), Kenneth
Kaufman (Manatt Phelps & Phillips),
John Simson (American
University), and Lita Rosario. Free. No CLE credits.
No webcast. Bring your own lunch. For more information, call 202-626-3463. The DC Bar
has a history of barring reporters from its events. See,
notice.
Location: SoundExchange, 10th floor, 733 10th St., NW.
1:00 PM. The
House Judiciary Committee (HJC) will hold a hearing on HR 1129
[LOC |
WW], the
"Mobile Workforce State Income Tax Simplification Act of 2013". The
witnesses will be __. Webcast. Location: Room 2141, Rayburn Building.
1:00 - 5:00 PM. The Department of Commerce's (DOC)
National Telecommunications and Information
Administration (NTIA) will host one of its series of meetings regarding
privacy and facial recognition technology. See,
notice
in the Federal Register, Vol. 78, No. 235, December 6, 2013, at Pages 73502-73503.
Location: American Institute of Architects, 1735 New York Ave., NW.
5:30 - 7:00 PM. The Brookings
Institution (BI) will host a panel discussion titled "The Future of Longform
Publishing". The speakers will be Sarah Sampsel (Washington Post, Director of
Digital Strategy), Hannah Wallander (New York Times), John Dickerson (Slate), Chad
Millman (ESPN The Magazine), and David Nassar (BI). See,
notice.
Location: BI, 1775 Massachusetts Ave., NW.
6:30 PM. The National Press Club (NPC)
will host an event titled "Copyright and Social Media". The speaker
will be Mickey Osterreicher, General Counsel of the National
Press Photographers Association (NPPA). The NPC
notice states this: "How can photographers protect the millions of images
and recordings produced every day and posted on traditional websites and social media
such as Facebook, Twitter, YouTube and Instagram?" Free. Tickets required. No
webcast. Location: NPC, First Amendment Lounge, 13th Floor, 529 14th St., NW.
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Wednesday, April 30 |
8:45 AM - 12:15 PM. The New
America Foundation (NAF) will host an event titled "Hacking the University:
Will Tech Fix Higher Education?". Free. Open to the public. Webcast. See,
notice.
Location: NAF, Suite 400, 1899 L St., NW.
10:00 AM. The
House Foreign Affairs Committee (HFAC)
will meet to mark up several bills, including HR __, the "United States
International Communications Reform Act of 2014". See,
notice. Location: Room 2172, Rayburn Building.
10:00 AM. The
House Financial Services
Committee's (HFSC) Subcommittee on Financial Institutions and Consumer
Credit will hold a hearing titled "Examining How Technology Can Promote
Consumer Financial Literacy". The witnesses will be __. See,
notice. Location: Room 2128, Rayburn Building.
10:00 AM. The Senate Finance
Committee (SFC) will hold a hearing titled "President Obama's 2014 Trade
Policy Agenda". The witness will be
Michael Froman (U.S. Trade Representative). See,
notice. Location: Room 215, Dirksen Building.
10:00 AM. The Supreme Court
will hear oral argument in Limelight Networks v. Akamai Technologies,
Sup.
Ct. No. 12-786, an appeal from the U.S. Court
of Appeals (FedCir) in a case involving whether a defendant may be held liable for
inducing patent infringement under 35
U.S.C. § 271(b) even though no one has committed direct infringement under
35 U.S.C. § 271(a). See also, August 31, 2012
opinion of the Court of Appeals. Location: 1 First St., NW.
11:00 - 11:30 AM. The
President's Council
of Advisors on Science and Technology (PCAST) will hold a public conference call
to discuss the PCAST's big data and privacy report. See,
notice
in the Federal Register, Vol. 79, No. 73, April 16, 2014, at Pages 21453-21454.
12:00 NOON - 1:30 PM. The American
Bar Association (ABA) will host a webcast panel discussion titled "Bitcoin
and other Virtual Currencies: Emerging Issues in Regulation and Enforcement".
The speakers will be Brian Klein (Baker Marquart), Deborah Peden (Pillsbury Winthrop),
Ronald Rowe (U.S. Secret Service), Luke Sully (PWC), and Nina Marino (Kaplan Marino).
Prices vary. CLE credits. See,
notice.
5:00 PM. Deadline to submit to the Department
of Transportation (DOT) applications for prizes in its program titled "DOT
Data Innovation Challenge". The DOT states that entries should be a
"web-based tool, data visualization, mobile app, or other innovative use of
technology to address systemic challenges by accessing publicly-available Federal and/or
local DOT datasets". See,
notice
in the Federal Register, Vol. 79, No. 46, March 10, 2014, at Pages 13370-13373.
6:30 - 7:30 PM. The New America
Foundation (NAF), Center for Media Justice (CMJ) and Consumers Union will host a
panel discussion titled "InSecurity: Race, Surveillance and Privacy in the
Digital Age". The speakers will be Seeta Peña Gangadharan (NAF), Chris Calabrese
(ACLU), Hamid Khan (Stop LAPD Spying), Grace Sheedy (United Food and Commercial Workers
International Union), and Malkia Cyril (CMJ). Free. Open to the public. Webcast. See,
notice. Location: NAF, Suite 400, 1899 L St., NW.
EXTENDED TO NOVEMBER 17. Extended deadline to submit
reply comments in response to Section IV.B of the Federal Communications Commission's (FCC)
Further
Notice of Proposed Rulemaking (FNPRM) regarding special access. Section IV.B
pertains to "Possible Changes to Pricing Flexibility Rules after Proposed One-Time,
Multi-Faceted Market Analysis". The FCC adopted this item on December 11, 2012, and
released it on December 18, 2012. It is FCC 12-153 in WC Docket No. 05-25 and RM-10593.
See, original
notice in the Federal Register (FR), Vol. 78, No. 8 January 11, 2013, at Pages
2600-2614, setting deadlines. See also, July 2013 Public Notice extending deadlines.
See, notice
in FR, Vol. 79, No. 52, March 18, 2014, at Pages 15092-15093, and March 5, 2014
Public Notice (DA 14-302), further extending deadlines.
Deadline to submit comments to the National
Institute of Standards and Technology's (NIST) Computer
Security Division (CSD) regarding its third draft of
SP
800-16 Rev. 1 [163 pages in PDF] titled "A Role-Based Model for Federal
Information Technology / Cyber Security Training".
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Thursday, May 1 |
9:00 AM. The
House Intelligence Committee (HIC) will
hold a closed hearing titled "Ongoing Intelligence Activities". No webcast.
See,
notice.
Location: Room HVC-304.
12:00 NOON. The Cato Institute
will host a panel discussion titled "Tumblr for Non-Profits: Finding and Engaging
your Audience". The speakers will be Liba Rubenstein (Tumblr) and Kat Murti
(Cato). Free. Open to the public. Webcast. See,
notice. Location: Cato, 1000 Massachusetts Ave., NW.
12:00 NOON - 1:00 PM. The
American Bar Association's (ABA) Section of Antitrust Law will
host a webcast panel discussion titled "Private Enforcement: Charting
International Waters between the US and China". The speakers will be
Heather Tewksbury (Wilmer Hale), William Isaacson (Boies Schiller & Flexner),
and Daniel Mason (Zelle Hofmann). Prices vary. No CLE credits. See,
notice.
Effective date of the Copyright
Office's (CO) changes to its fees schedule. See, CO
notice.
Deadline to submit written comments to the National Foundation
on Arts and the Humanities' (NFAH) Institute of
Museum and Library Services (IMLS) in connection with its April 17 hearing
titled "Libraries and Broadband: Urgency and Impact". The purpose
of this hearing is "establishing a public record specifically focused on the
need for and impact of high speed broadband connectivity in America's libraries".
See, notice
in the Federal Register, Vol. 79, No. 47, March 11, 2014, at Pages 13679-13680. See also,
the FCC's 2013
NPRM
and March 2014 Public
Notice (PN) regarding expanding the FCC's e-rate tax and subsidy program.
Deadline to submit nominations to the
Office of the U.S. Trade Representative (OUSTR)
for membership on its Intergovernmental Policy Advisory Committee on Trade (IGPAC).
See, notice
in the Federal Register, Vol. 79, No. 62, April 1, 2014, at Pages 18382-18384.
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